Johnson v. Huntington
Supreme Court of Connecticut
This was an action of ejectment for a tract of land in the town of Windham. The cause was tried at Brooklyn, August term, 1837, before Bissell, J. The plaintiff claimed title to the demanded premises, by virtue of the levy of an alias execution in his favour against Gurdon Huntington, formerly the undisputed owner.
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This was an action of ejectment for a tract of land in the town of Windham. The cause was tried at Brooklyn, August term, 1837, before Bissell, J. The plaintiff claimed title to the demanded premises, by virtue of the levy of an alias execution in his favour against Gurdon Huntington, formerly the undisputed owner. Part of the plaintiff ⅛ judgment had been satisfied, by the levy of another execution, previous to the issuing of the alias ; and the latter did not contain any of the proceedings under the former, except the indorsement of the clerk thereon, in these words : “ A former execution,…
1Opinion of the Court
Williams, Ch. J.
As it will not be necessary to consider the objections to the defendant’s title, if the plaintiff has none, it may be proper to inquire, in the first place, into the plaintiff’s title.
It was objected, that his execution was irregular, because there had been a previous execution for the same debt, upon which payments had been made and indorsed ; and the clerk, having ascertained the balance due, issued a new execution. This objection must proceed, either upon the ground that no execution can issue after the first, without a motion to the court, or that the clerk should have…
2Cases cited2 opinions
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